In a March 24th letter to all of the nation’s Governors, Secretary Alex Azar of the Department of Health and Human Services (“HHS”) called upon states to take immediate action to loosen regulations that present obstacles to the delivery of effective in person and telehealth services during the COVID-19 emergency. In an effort to “carry out a whole-America response to the COVID-19 pandemic,” Secretary Azar asked governors to urgently take steps to “extend the capacity of the health care workforce.”
OCR Issues Guidance Related to Disclosures to Law Enforcement, Paramedics, Other First Responders and Public Health Authorities for COVID-19 Related Purposes
On March 17, 2020, the Department of Health and Human Services, Office of Civil Rights (OCR) issued guidance related to how Covered Entities can comply with HIPAA and the Privacy Rule and still disclose protected health information (PHI) about individuals infected with or exposed to COVID-19 to law enforcement, paramedics, other first responders, and public health authorities (Essential Providers).
Texas Comptroller Postpones Medical Billing Sales Tax Policy Until Texas Legislature Weighs in in 2021
Texas Comptroller Glenn Hegar announced last week that he will delay the implementation of a sales tax on medical billing services until the Texas Legislature considers the proposed change when it meets in a regular session in 2021. The Comptroller’s staff will work with industry leaders leading up to the 140-day session in order to develop language that could amend the state’s sales tax statutes. The regular session of the Texas Legislature is scheduled to begin January 12, 2021, and end June 1, 2021.
Our prior article discussed the Texas Comptroller’s policy change in the fourth quarter of 2019, which would have rendered medical billing services subject to Texas sales tax, after longstanding reliance on rulings which exempted such services.
Wisconsin Department of Health Services releases REVISED Guidance to Long Term Care Facilities and Assisted Living Facilities
On March 20, 2020, the Wisconsin Department of Health Services (DHS) released revised guidance to prevent and control COVID-19 in Long Term Care Facilities and Assisted Living Facilities. This revision is based on the knowledge that older and medically vulnerable adults have a significantly higher risk of severe illness and death from COVID-19.
COVID-19 Update: CMS Waiver Information for Private Practice Physicians and Non-Physician Practitioners
COVID-19 Update: CMS Waiver Information for Private Practice Physicians and Non-Physician Practitioners
By Hal Katz and Tamar E. Hodges
President Donald Trump declared the coronavirus pandemic a National Emergency on March 13, 2020. This declaration granted the Department of Health and Human Services (HHS) Secretary Alex Azar authority to relax certain Medicare, Medicaid, and Children’s Health Insurance Program (CHIP) requirements set forth in Section 1135 of the Social Security Act. The primary purpose of this waiver is to give providers greater flexibility to meet the needs of Medicare, Medicaid, and CHIP beneficiaries during an emergency. CMS may issue “blanket waivers” after a declaration of a public health emergency when it determines many “similarly situated providers” would require certain waivers. CMS requires providers to put the state licensing agency and CMS Regional Office on notice if it intends to modify their operations in light of such waivers, although the blanket waivers are essentially automatic and, therefore, do not require the provider to submit a request. The waiver is in effect through the duration of the emergency or until CMS terminates the waiver.
Government Waives Certain Telemedicine Requirements During COVID-19 Crisis
Husch Blackwell’s Wakaba Tessier and Erica Ash have published a post on Husch Blackwell’s Byte Back privacy blog detailing a new announcement from the Office of Civil Rights of the U.S. Department of Health and Human Services that relaxes the HIPAA Security Rule in response to the COVID-19 crisis, expanding on our previous discussion on
How to buy distressed healthcare assets
Over the last several years, many healthcare providers have struggled financially due to decreased reimbursements and changing payment models. Hardest hit are providers in small towns that do not benefit from being part of larger healthcare systems. Seeking relief, they may initiate Chapter 11 bankruptcy proceedings and sell assets to third parties to relinquish liabilities.
Texas is the first state to recognize Supported Decision-Making as alternative to Guardianship
Effective Sept. 1, 2015, there are significant changes to Texas Guardianship laws. For the first time, probate courts must consider alternatives to guardianship, and supports and services available to the proposed ward before a guardianship is created. Two new alternatives to appointing a guardian now exist: Designation of Guardian Before the Need Arises and Alternate Forms of Decision-Making Based on Person-Centered Planning; and Supported Decision Making Agreement. Tex. Est. Code §§ 1002.0015 & 1357.001.